HomeMy WebLinkAboutOrdinance No. 2019-13 (Title: An ordinance amending Appendix C "Zoning," Section 15. "Amendments" and
Chapter 70 "Vacation of Street,Drainage,Utility or other Public Easement" to change from
joint public hearings to separate public hearings and to amend ordinance wording to be
consistent with state law.)
ORDINANCE NO. 2019-13
AN ORDINANCE AMENDING APPENDIX C — "ZONING,"
SECTION "AMENDMENTS" AND CHAPTER 70
"VACATION OF STREET, DRAINAGE, UTILITY OR
OTHER PUBLIC EASEMENT" TO CHANGE FROM JOINT
PUBLIC HEARINGS TO SEPARATE PUBLIC HEARINGS
AND TO AMEND ORDINANCE WORDING TO BE
CONSISTENT WITH STATE LAW; PROVIDING A
PENALTY FOR VIOLATION IN AN AMOUNT NOT TO
EXCEED$2,000,OR AS OTHERWISE PROVIDED BY LAW;
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVERA.BILITY.
* * * * * * * * * * * *
WHEREAS,the City Council of the City of Friendswood,being a home rule municipality,
is continually reviewing the provisions of the City Code of Ordinances, specifically procedures for
adopting and enforcing zoning regulations; and
WHEREAS,the Planning and Zoning Commission acts as the Zoning Commission for the
City of Friendswood, as allowed by Local Government Code Chapter 211.007; and
WHEREAS, the City Council wishes to allow the Planning and Zoning Commission to
hold public hearings and submit a final report prior to the governing body holding a public hearing;
and
WHEREAS, the Planning and Zoning Commission and the City Council have conducted
a joint public hearing in the time and manner required by law; and
WHEREAS, the Planning and Zoning Commission has filed its written report with City
Council, which recommends approval of the amendments; and
WHEREAS, City Council has determined that all public notices have been posted and
published, all required hearings on this matter have been held, and that this Ordinance complies
with the applicable provisions of the City Charter, City Code and all other applicable laws;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDS WOOD, STATE OF TEXAS:
Section 1. FINDINGS OF FACT.
The facts and matters set forth in the preamble of this Ordinance are hereby found to be
true and correct.
Section 2. The City of Friendswood Code of Ordinances, Appendix C, "Zoning",
Section 15. "Amendments" is amended to read as follows:
Appendix C - Zoning
Section 15. - Amendments.
A. Authority. The Ceity Ceouncil may from time to time amend, supplement, or change by
ordinance the boundaries of the district or the regulations herein established.
B. Submission to Pplanning and Zzoning Ceommission. Before taking action on any proposed
amendment, supplement or change by ordinance of a district boundary or regulation, the City
Council shall submit the proposed revision to the Pplanning and Zzoning Ceommission for its
recommendation and report. The Pplanning and Zoning Ceommission shall make its report
within 30 days following the close of the public hearing thereon.
C. Public hearings. Prior to adopting any ordinance amending, supplementing, or changing the
boundaries of any district or any regulation herein established, the city council and the Pplanning
and Zzoning Ceommission and City Council shall jointly hold a-public hearings at which any
person desiring to be heard regarding such matter shall be given an opportunity to do so. The
final report by the planning and zoning commission, as required in subsection B of this section,
shall not be acted upon by such commission until the conclusion of such joint public hearing.
Ord No.2019-13 2
City Council may not hold a public hearing until it receives the final report of the Planning and
Zoning Commission.
D. Notice of joint-public hearings.
1. Notice of any joint public hearing involving a proposed change in a zoning classification
shall be given, in writing, to each owner of real property, as indicated by the most recently
approved city tax roll, which lies within 200 feet of any property on which said change in
classification is proposed, such notice to be given not less than before the tenth days prior to the
before the hearing date.
2. Notice of all joint public hearings shall also be published in the official newspaper of the
Ceity, or a newspaper having general circulation in the Ceity, at least before the fifteenth15 days
before the public prior to the date on which such hearing is to be held.
3. In addition, notice of any joint public hearing involving a proposed change in zoning
classification shall be given by causing a sign to be erected on the property which would be
affected by the proposed change stating the time and place of the hearing. Such sign shall be
erected not less than ten days prior to the date on which such hearing is to be held.
4. Before the tenth day before the hearing date, notice of any j-eint public hearing involving a
proposed change in a zoning classification affecting residential or multifamily zoning shall be
given, in writing, via United States Postal Service, to each school district in which the property
for which the proposed change in classification is located.
E. Vote required in the event of protest. In the event of a written protest to any such proposed
amendment, supplement, or change to a district boundary or regulation signed by the owners of
20 percent or more either of the area of the lots or land included in such proposed change or
those immediately adjacent to the area of the lots or land immediately adjoining the area covered
by the proposed change and extending 200 feet from that area, such amendment shall not become
effective except by the affirmative favorite vote of three-fourths of all members of Ceity
Ceouncil. In computing the percentage of land area, the area of streets and alleys shall be
included.
Section 3. The City of Friendswood Code of Ordinances, Chapter 70, "Vacation of
Street, Drainage, Utility or other Public Easement" is amended to read as follows:
Chapter 70-25. —Vacation of street, drainage, utility or other public easement.
Ord No.2019-13 3
(a) The Ceity Ceouncil may consider a request to vacate will provide for the vacation,
abandonment or relocate relocation of an existing road/street right-of-way, or any drainage, utility
or other public easement, upon receipt satisfaction of the following items conditions:
(1) A property owner whose property abuts a public easement or right-of-way, and is
located within the corporate limits, makes application to the city requesting the vacation,
in whole or in part, of the abutting public easement or right-of-way;
(2) A completed application form is submitted to the Ceommunity Ddevelopment
Ddepartment, identifying the entire limits or extent of the right-of-way/easement and the
limits of the section to be abandoned, if different;
(3) Such request and application shall be accompanied by an exhibit and a metes and
bounds description of the vacated right-of-way which has been prepared by a registered
professional land surveyor;
(4) Written confirmation from all owners of real property abutting the easement, utility
companies, drainage districts and/or other interested agencies stating they have been
notified of the requested right-of-way vacation and a letter of"no objection" from each of
the concerned entities.
(5) The owner shall submit a certificate or letter from a title attorney indicating a current
search and certifying to at least the following concerning the title to the land: a statement
of records examined and date of examination; description of the property in question,
including a metes and bounds description of the tract; name of the fee owner as of the date
of examination, and the date, file number, date of filing, and volume and page of any
lienholders; and general description of any easement or fee strips granted along with the
file number, date of filing, and volume and page of recording.
(6) An application fee shall be required of each applicant seeking a vacation of any right-
of-way. This fee shall be set by resolution and printed in Appendix D to this Code.
(b) Upon receipt of all information, the—Ceity staff shall schedule a joint public hearings and
provide notice in accordance with Appendix C Zoning Ordinance, with the city council and the
planning and zoning commission. The city shall provide written notice of such joint public hearing
to each owner of real property, as indicated by the most recently approved city tax roll, whose
Ord No. 2019-13 4
pfeperty abuts or lies within 200 feet of the existing right of way/easement(in its entirety). At the
public hearing, any person desiring to be heard regarding such a matter will be given an
opportunity to do so. The following items are required by the city to hold a joint public hearing:
(1) Application;
(2) Metes and bounds description;
(3) Title report;
(4)Fees; and
(5)Utility letters.
Notice of said hearing shall be given by publication one time in a paper of general
circulation in the city stating the time and place of hearing which shall not be less than 15 days nor
more than 30 days from the date of the public publication.
(c) After compliance with the above items, the joint public hearing shall be held. Within.30 days
of the hearing, the planning and zoning commission shall make a recommendation to city council.
The city council shall decide whether to grant or deny the request. If a vacation request to vacate,
abandon, or relocate an existing road/street right-of-way, or any drainage, utility or other public
easement is granted, an ordinance and quitclaim deed will be prepared (ordinances must be heard
in accordance with the Ceity Charter).
(d) When required by state law, an appraisal shall be made for an application for vacation of a
public right-of-way. The applicant shall pay for all appraisal fees incurred. The appraisal shall be
requested to determine the market value of the Ceity's interest in the public right-of-way. No
appraisal shall be required for an application for vacation of a public easement. The market value
of the Ceity's interest in a public easement is deemed to be zero.
(e) An application fee shall be required of each applicant seeking a vacation of any right of way.
This fee shall be set by resolution and printed in Appendix D to this Code.
Section 4. INCORPORATION INTO THE CODE, PENALTY CLAUSE.
This Ordinance is hereby incorporated and made a part of the Friendswood City Code of
Ordinances. Violation of this Ordinance is subject to the penalty provisions contained in such Code
Ord No.2019-13 5
under Section 1-14 "General penalty for violations of Code; continuing violations", and as
otherwise provided by law. Any person who shall willfully, intentionally, or with criminal
negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,
upon conviction thereof, shall be fined in an amount not to exceed S2,000.00. Each day of violation
shall constitute a separate offense. An owner may take advantage of the changes to the buffering
requirements without the need to provide a revised site plan, by requesting an appropriate permit,
if the requested change is limited solely to the buffering requirements made on the basis of this
Ordinance.
Section 5. REPEAL OF CONFLICTING ORDINANCES.
All ordinances or parts of ordinances in conflict or inconsistent with this Ordinance are
hereby expressly repealed.
Section 6. SEVERABILITY.
In the event any clause, phrase, provision, sentence, or part of this Ordinance or the
application of the same to any person or circumstances shall for any reason be adjudged invalid or
held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate
this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid
or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would
have passed each and every part of the same notwithstanding the omission of any such part thus
declared to be invalid or unconstitutional, whether there be one or more parts.
Section 7. NOTICE.
The City Secretary shall give notice of the enactment of this Ordinance by promptly
publishing it or its descriptive caption and penalty after final passage in the official newspaper of
the City; the Ordinance to take effect upon publication.
PASSED AND APPROVED on first reading this 1st day of April,2019.
PASSED, APPROVED, AND ADOPTED on second and final reading this 6th day of
May, 2019.
Ord No. 2019-13 6
Ar„:
1
,iiice Fo,:man -
Mayor
ATTEST:
... . . ...
viRIEA/„.:.
**
I i
,,,,,.., 4.t , ... ... ,ei •
Melinda Welsh, TRMC 4., 1.... .• . .
a • —410, s' .
City Secretary
a 1, • '
a., „A,.... ••. Cs') a.
.f k
.. . . ..••
Ord No.2019-13 7